Dáil debates

Tuesday, 29 March 2022

Saincheisteanna Tráthúla - Topical Issue Debate

Common Travel Area

8:30 pm

Photo of Thomas PringleThomas Pringle (Donegal, Independent)
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I am thankful for this Topical Issue matter being taken again today. It was on the agenda for last Thursday, but it was not dealt with because the Minister did not come to the House. That was unfortunate.

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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I was not here.

Photo of Thomas PringleThomas Pringle (Donegal, Independent)
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Well, the Minister did not come to that Topical Issue debate. It was submitted in the morning, the Minister's Department agreed to take it and then nobody turned up to take it. That is a sign that the Minister did not come, as far as I can make out. That is a problem in the context of the Dáil's procedures and how Topical Issue debates are treated. Overall, that is probably an issue for another day.

I am glad this Topical Issue matter is finally being taken today. It arises from legislation that went through the House of Commons last week and which introduces an electronic travel authorisation, ETA, system for non-Irish or non-UK citizens who wish to travel into the North at any time. This has serious implications for Ireland and the Minister recognised that when he talked to the newspapers about the legislation. He said the British Government had failed to recognise the "very unusual construct and series of relationships and treaties and agreements" that relate to Ireland, the Border and how it works with the UK. In reality, while the UK has said there will not be any checks, if there is a system at the Border where it is necessary for people to register, then there must be some provision or allowance for checks on that system at some stage in the future as well. Will I wrap up?

Photo of Catherine ConnollyCatherine Connolly (Galway West, Independent)
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I lost track of the time because I was distracted.

Photo of Thomas PringleThomas Pringle (Donegal, Independent)
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I can keep on going. Start the clock going there.

Photo of Catherine ConnollyCatherine Connolly (Galway West, Independent)
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No, I trust the Deputy.

Photo of Pearse DohertyPearse Doherty (Donegal, Sinn Fein)
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Our party leader, Mary Lou McDonald, raised this issue with the Taoiseach last week. It is something I have been raising here since last year, because this has been an issue of real concern. Given that the House of Commons has overturned the amendment to the legislation made by the House of Lords, the situation now is that a Polish person living in Lifford and having to travel across the bridge to Strabane will need a visa, an ETA, which will cost money. It will state clearly on it how long it will last for and how many trips the holder will be allowed to undertake on that visa. This is a ridiculous situation because of the number of non-Irish and non-British people who live in our country and reside beside the Border. Many of them travel across the Border to work or to bring their kids to school. This development really damages the common travel area. Additionally, a further provision in the Bill imposes a penalty of £2,000 on people who travel to London on aircraft without appropriate identification.

Photo of Pádraig Mac LochlainnPádraig Mac Lochlainn (Donegal, Sinn Fein)
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It will be no surprise to the Minister that this issue is being raised by three Donegal Deputies. It is a particular issue for our county. How are we supposed to attract investment into what are called the gateways of Derry and Letterkenny? Thousands of people travel across what is, thankfully, a seamless Border every day for work and education. That is how our Border region functions. This is an attack by a Tory Government that has given no thought to and has no regard for our Border communities. It has repeatedly acted recklessly since the Brexit vote in 2016. We are asking the Minister to stand up firmly for the interests of more than 600,000 people who work, pay taxes and live in our communities and contribute to our country. They are a core part of our country and they are going to be treated as second-class citizens. It is untenable and I wish to know what the Minister is going to do about it.

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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I thank Deputies Pringle, Doherty and Mac Lochlainn for raising this important issue. I have been carefully monitoring the progress of the UK's draft Nationality and Borders Bill as it moved through the legislative process in Westminster. We have several concerns regarding the proposed electronic travel authorisation scheme set out in the Bill in the context of cross-Border travel on the island of Ireland in the context of the issues raised by all three Deputies.

I discussed those concerns in detail with the Secretary of State for Northern Ireland, Brandon Lewis, at a meeting of the British-Irish Intergovernmental Conference in Dublin last Thursday.

The Bill provides the UK's new immigration rules may require that non-Irish and non-British citizens obtain an ETA before travelling to the UK, including for journeys across the land border to Northern Ireland.

The British Government has confirmed that the proposed ETA system would not apply to Irish and British citizens. The British Government has also stated there will continue to be no immigration checks on the land border. Our concern with respect to the Bill's ETA provision centres on the fact that the movement of people on this island, particularly in Border areas, is unique. Many thousands of people cross the Border every day in the course of their daily lives, including to access essential services, for business, tourism, family reasons and to travel from one part of Ireland to another. This is something both the Irish and British Governments recognised and committed to in strand two of the Good Friday Agreement.

The introduction of the proposed ETA scheme for cross-Border journeys could cause considerable disruption to the daily lives and livelihoods of many people across the island of Ireland who are not Irish or British citizens, particularly those residing in Border areas, including the north west. The scheme could have a significant impact on tourism in Northern Ireland, with more than two thirds of visitors from mainland Europe and the US arriving in Northern Ireland via the South. There are also potential implications for cross-Border healthcare, education and integrated supply chains.

It is clear Border counties such as Donegal would be particularly affected by these matters. Most journeys to and from Donegal naturally cross the Border, and residents of Donegal and other Border counties would also be well aware that the closest amenity or essential service is often found across the Border, and they would, therefore, be especially conscious of the impact that the ETA scheme as currently conceived would have.

The House of Commons voted on 22 March against the amendment from the House of Lords that would have exempted cross-Border journeys into Northern Ireland from the proposed ETA requirements. Since the proposal emerged, the Government has engaged with the British Government at both official and political levels to express our serious concerns about the proposed ETA scheme.

As mentioned, I raised these directly with the Secretary of State last Thursday at the British-Irish Intergovernmental Conference. I highlighted the complexities that such a scheme would present for cross-Border travel, as well as the serious implications for daily lives and livelihoods. Senior officials continue to engage with their British counterparts on the details of these concerns. We will encourage the British Government to reconsider its approach and apply exceptions for residents in Ireland and visitors to the island of Ireland from the ETA scheme.

It is important to say the legislation is not yet through Westminster. It has come from the House of Lords with an amendment, which has been rejected in the House of Commons, but it may well go back to the House of Lords before coming to the House of Commons again. There is time to try to change this and I assure the Deputies we will be very active in our attempts to do that.

8:40 pm

Photo of Catherine ConnollyCatherine Connolly (Galway West, Independent)
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Is there a copy of the Minister's reply for circulation?

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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There is not but I will try to ensure it can be sent around.

Photo of Catherine ConnollyCatherine Connolly (Galway West, Independent)
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It is usually circulated.

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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Yes. I am not sure there is somebody in the office to do it now. If there is not, I will ensure a copy can be emailed to everybody who wants it.

Photo of Thomas PringleThomas Pringle (Donegal, Independent)
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I thank the Minister for his belated summary on the matter. The legislation may not have completed its journey through the House of Commons but basically the British Parliament has voted to include this measure. What can the Minister do other than impress on the British Government the importance of not having the measure? That clearly has not worked too well up to now. There must be some sort of follow-up if this goes ahead.

To my mind it is a breach of an international treaty but perhaps it is not; maybe the Minister will explain that to us. That treaty provides for the movement of citizens, etc. Will he advise what would be the application of this procedure and how does he intend to deal with it should this not be resolved by the British Parliament?

Photo of Pearse DohertyPearse Doherty (Donegal, Sinn Fein)
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I acknowledge that the Minister has spoken with the Secretary of State but we need this raised at the highest level. We need the Taoiseach to lift the phone to British Prime Minister Boris Johnson, as we requested last week. We need to use our diplomatic muscle internationally on this. I also have concerns that section 81 of the Bill breaches the common travel area provision because it would require us to have a form of identification when we fly to London or elsewhere in the UK. That is not required on Aer Lingus flights at this point, and there will be a penalty imposed on carriers if that is not done.

We are in a position now where this legislation will come into effect in 2024. If a road traffic collision occurs in Letterkenny then, an ambulance would not be able to take a Polish individual directly to Dublin to deal with a head injury, for example. That ambulance would have to go via Sligo. The legislation is not just about crossing the Border into the North and visiting the North but passing through as well.

We need to raise this at the highest levels, which is the level of the Taoiseach. That should be along with the Minister's efforts. We must also look at what international support we have on the matter.

Photo of Pádraig Mac LochlainnPádraig Mac Lochlainn (Donegal, Sinn Fein)
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I consider this to be repugnant to the Good Friday Agreement and an attack on that agreement. The peace process was underpinned by the seamless Border on the island and the free movement of goods, people and capital on the island of Ireland. I am thankful we continue to be a member of the European Union and the North of Ireland, for all intents and purposes, is still within the Union. It is absolutely repugnant to suggest European citizens, whatever about those from the US and other countries, would be treated any differently from the rest of us on this island.

Frankly, this is outrageous and yet again a reckless intervention by Tories with no regard for our island or our Border communities. In the strongest possible terms, our Government must reject this and insist as a co-signatory of the Good Friday agreement that it cannot proceed.

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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I do not disagree with the points being made and this is completely inconsistent with the spirit of the Good Friday Agreement. As part of a peace process, we have created a position where a seamless Border allows goods, services and people to move across that Border. It was clearly assisted by joint EU membership but also the aspirations around North-South co-operation. These were all about trying to ensure we had an all-island economy that could function and allow people to move around to work and study, as well as everything else. For the British Government to essentially make the case that the Border between Northern Ireland and the South is no different from any other borders that the UK may have when it comes to people entering the UK is patently nonsense. We have special arrangements because we have a special history on this island marked by violence and a very dark period.

We have been and will continue making our view very clear on this. The Minister for Justice, Deputy McEntee, has been very clear with her counterpart, Ms Priti Patel, and she will write to her again on this matter. I have made my view clearly known to the Secretary of State and I have certainly raised it with my counterpart, Ms Liz Truss, as well. I expect the Taoiseach has also raised it with the British Prime Minister. I would have to check that but if he has not, he will certainly do so.

We have focused on trying to make relatively low-key interventions and not turn this into a political football. It is about trying to get sensible changes made to this legislation. Unfortunately, that has not worked to date. The embassy has been very active on this matter. I have made it very clear to the Secretary of State, Mr. Brandon Lewis, that the Irish Government cannot and will not support or condone this and we will continue to lobby hard to change it. I hope we will be successful.